I have read, and I agree with the EULA - ASEBA-Web

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ASEBA
Research Center for Children, Youth & Families, Inc.
A Non-Profit Corporation
1 South Prospect Street, St Joseph’s Wing (Room #3207), Burlington, VT 05401
Telephone: (802)656-5130 / Fax: (802)656-5131
Email: mail@aseba.org / Website: http://www.aseba.org
RESEARCH CENTER FOR CHILDREN, YOUTH & FAMILIES, INC. (RCCYF)
LICENSE FOR WEB-BASED APPLICATIONS
IMPORTANT NOTICE: THIS LICENSE AGREEMENT FOR USE OF RCCYF WEB-BASED
APPLICATIONS (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND THE
RESEARCH CENTER FOR CHILDREN, YOUTH, AND FAMILIES, INC. (“RCCYF”).
PLEASE READ IT CAREFULLY BEFORE ACCESSING, INSTALLING OR USING RCCYF
WEB-BASED APPLICATIONS. IT PROVIDES A LICENSE TO USE RCCYF WEB-BASED
APPLICATIONS AND CONTAINS WARRANTY INFORMATION AND LIABILITY
DISCLAIMERS. BY ACCESSING, INSTALLING OR USING RCCYF WEB-BASED
APPLICATIONSS, YOU ARE CONFIRMING YOUR ACCEPTANCE OF RCCYF WEBBASED APPLICATIONS AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT
ACCESS, INSTALL OR USE RCCYF WEB-BASED APPLICATIONS AND NOTIFY THE
RCCYF WITHIN 30 DAYS OF YOUR PURCHASE FOR A FULL REFUND LESS COST OF
ANY E-UNITS USED.
GRANT OF LICENSE. The RCCYF grants you, the licensee of RCCYF Web-based applications who
must meet the user qualifications specified in the ASEBA Catalog (i.e., required graduate training in
standardized assessment procedures, etc.), the right to use RCCYF Web-based applications to produce
data files and print output for your internal business purposes. These permitted uses include web-based
completion by your clients, printing forms from your account, scoring data, printing profiles and reports,
storing data, and downloading data to your personal computer(s). You may not give away or sell any
part of RCCYF Web-based applications. All rights not specifically granted to you in this Agreement are
reserved by the RCCYF.
DURATION OF LICENSE. The license is granted to you in this Agreement for one year from the date
of your purchase of a RCCYF Web-based application, and each additional year that the subscription is
renewed.
USE OF E-UNITS. E-units are required for the use of RCCYF Web-based applications. E-units enable
you to do any of the following:
(1) Online completion or in-house data entry of the CBCL/1½-5, C-TRF/1½-5, CBCL/6-18, YSR,
TRF, BPM, ASR, ABCL, OABCL, or OASR from any web-enabled personal computer;
(2) Print paper forms for completion by clients;
(3) Score and print profiles and narrative reports;
(4) Download data in various formats including importing data to RCCYF PC-based applications.
At the expiration of this license after the initial one-year term and all renewal terms, any unused E-units
will be forfeited and you will not be entitled to any compensation for the unused E-units. If you renew
your license, you will be permitted to use any previously purchased E-units during the renewal term.
COPYRIGHT. RCCYF Web-based applications, including all documentation, printed materials, forms
printed via RCCYF Web-based applications, associated media, and online and electronic documentation
(hereinafter collectively “RCCYF Web-based applications”) are protected by United States copyright
law and by international treaty provisions. Unauthorized copying is prohibited by law. Except for the
uses of RCCYF Web-based applications specifically permitted by this Agreement or not protected by
U.S. or international copyright law, you may not copy, reproduce, adapt, prepare derivative works,
distribute, publish, publicly perform, or publicly display RCCYF Web-based applications in any way.
DATA SECURITY. Covered by the HIPAA and HITECH addendum to this agreement.
OTHER RESTRICTIONS AND CONDITIONS. You may not:
(1) Recompile, reverse engineer, disassemble, or otherwise reduce RCCYF Web-based applications
to a human-perceivable form;
(2) Rent out, lease or sublicense RCCYF Web-based applications; or
(3) Modify RCCYF Web-based applications or create derivative works based upon RCCYF Webbased applications.
In the event that you fail to comply with this Agreement, the RCCYF may terminate the license granted
in this Agreement. You further agree to adhere to the conditions set forth in the “User Qualifications”
section of the ASEBA Catalog dealing with confidentiality of assessment results, labeling of individuals,
etc.
LIMITED WARRANTY. The RCCYF warrants that, for a period of thirty (30) days from the date of
purchase, when used with the RCCYF recommended browsers, RCCYF Web-based applications will
perform in conformance with the documentation supplied with them.
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EXCLUSIVE REMEDY. Your sole and exclusive remedy under this Agreement is to notify the
RCCYF with a description of the problem. The RCCYF will use reasonable commercial efforts to
rectify the problem or refund to you your purchase price for RCCYF Web-based applications, at its
option. The RCCYF shall have no responsibility if RCCYF Web-based applications have been altered in
any way, or if the failure arises out of use of RCCYF Web-based applications with other than RCCYF
recommended browsers.
NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED
WARRANTY, THE RCCYF AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS
NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF
APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO RCCYF WEBBASED APPLICATIONS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY THE RCCYF, ITS DEALERS, DISTRIBUTORS,
AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY.
LIMITED LIABILITY. IN NO EVENT SHALL THE RCCYF OR ANY SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF YOUR USE OR
INABILITY TO USE RCCYF WEB-BASED APPLICATIONS BASED ON ANY THEORY OF
LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE
RCCYF OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
SOME STATES IN THE UNITED STATES OF AMERICA DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
CONSENT TO JURISDICTION. You consent to the exclusive jurisdiction of the federal and state
courts of the State of Vermont with respect to any dispute arising out of this Agreement.
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BASIS OF BARGAIN. The Limited Warranty, Exclusive Remedy, Limited Liability, and Consent to
Jurisdiction, set forth above are fundamental elements of the basis of the agreement between the RCCYF
and you. The RCCYF would not be able to provide RCCYF Web-based applications on an economic
basis without such limitations and conditions.
GOVERNING LAW. This Agreement is governed by the laws of the State of Vermont.
This agreement supersedes all previous software agreements.
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